Category Archives: Family Lawyer Selection

A divorce is never an easy process, but the right attorney can make a difficult time a little bit easier. The divorce process is complex and long, and the stress of the situation can make tempers run high. It is important to have a professional on the side of each party to keep the proceedings agreeable so that they can reach a final compromise and settlement.

No Fault vs. Fault Divorces

Because of the many factors that must be considered during divorce proceeding, it is a good idea to enlist the assistance of Long Beach family lawyers to ensure the process goes as smoothly as possible. One of the factors that must be decided in a divorce proceeding is whether it will be deemed a “fault” or “no fault” divorce. No fault divorces are available in all 50 states, but in 13 of those locations, no fault is the only choice. The other states will allow fault divorces to be finalized for the following reasons:
o The infliction of unnecessary physical or emotional pain; also referred to as cruelty.
o Adultery by either spouse.
o Desertion of either spouse for a specified period of time.
o Confinement to prison by either spouse.

There are a couple of advantages to filing a fault divorce if the situation calls for one. First, the divorce proceedings can usually be completed much more quickly. It can also be more lucrative for the spouse filing the paperwork, since a fault divorce will often lead to a larger settlement for the person who was wronged. A family lawyer in Long Beach can advise a client as to whether there are grounds for a fault divorce and begin the appropriate paperwork to put the wheels in motion as soon as possible.

In cases where there is grounds for a fault divorce on both sides, it is often the spouse who files the paperwork first that will get to make the claim of “fault”. However, if there is a dispute as to which party is most at fault, the court will determine which spouse receives the divorce based on who is more at fault – a process known as comparative rectitude. It is very important to have the representation of Long Beach family lawyers in these situations to protect rights and ensure each party gets a fair shake.

On the other hand, a no fault divorce allows either spouse to file for divorce for any reason. This is where the term “irreconcilable differences” often comes into play. The catch to a no fault divorce in many states is that the couple must live apart for a specified period of time before the final divorce decree may be obtained. In some locations, this may be a matter of months, but in others, it could take years to finalize this sort of divorce. It is best to seek the advisement of Long Beach family lawyers to ensure that the criteria is met for a no fault divorce before paperwork is filed.

Divorce is a painful and complex process to contemplate. The good news is that the right Long Beach family lawyers will make the divorce proceedings a bit easier to handle.

Legal problems of marriage, divorce, domestic problems, litigations, and custody must be tackled by an experienced lawyer. Family matters are sensitive and therefore, a skilled lawyer is needed to solve the issue with expertise and prevent further complications.

Choosing the right family lawyer:

Analysis of requirements:

The selection of a lawyer depends on the identification of the exact nature of the family issue. If there are problems in the marriage, a divorce lawyer has to be sought after. There are various lawyers that deal in family litigations and the segment for domestic issues is separate. A specialized lawyer would be better equipped to deal with your problems. The lawyer should be competent to solve issues in that area of conflict.

Background check:

The lawyer’s background, case results, and references should be analyzed before taking the final decision. Also, consult his previous clients on an update about the lawyer’s background and knowledge. The lawyer’s professional history must be strong and his license should be authentic. People usually prefer family lawyers who have been closely associated with the family and know all the intricacies.

Reliable and honest:

A lawyer has to have an in-depth knowledge of the case history and exact nature of the problem. He should be a reliable person as he would know valuable insights about the family and legal matters. Conduct a research about his character and go ahead with his services only when you are thoroughly confident of him. You should be totally at ease with your attorney and should be able to discuss things with total clarity. If you are not comfortable with him, do consider changing your attorney right in the initial stages to avoid hassles later.

Experience:

Many good lawyers do not have additional legal qualifications, but their experience is what sets them above the rest. Experienced lawyers incorporate their skills and qualifications to solve complicated family issues which inexperienced lawyers might not be able to solve. These professionals have been solving these cases since a long time and it is their experience that becomes vital in solving the case. Their knowledge, knack of problem-solving, sharp observations and legal skills are important factors in solving the case.

Negotiation skills:

Family ties are very important and at times, people opt for out-of-courtroom settlements. This avoids additional hassles to their family and themselves. A lawyer plays a key role in these negotiations. His should try and resolve issues amicably so that the court scene can be avoided. Often relationships get nasty and irreparable on going through legal fights. In out of court settlements, matters pertaining to compensations have to be thoroughly discussed.

Cost:

You must hire an attorney who meets your financial criteria. They could be charging flat fees for the entire case or might charge on an hourly basis. Cost concerns are major issues and a tentative budget should be given by the lawyer. If you are not confident about the hourly charges, do ask him to charge a flat rate. This will give a transparent view of the budget.